Pollard v. Cartwright
Pollard purchased land from Burnley. Burnley purchased the land from Cartwright with security he obtained from Brand. However, Burnely was not aware that Cartwright previously mortgaged the land to Doncastle. While Pollard possessed the land, he did not know the mortgage on the property came due and was placed into foreclosure. Upon discovering the land was being foreclosed, Pollard sued Cartwright and Brand for liability in the loss of the property.
The Court's Decision
Chancellor Wythe initially decreed in favor of Pollard, but dismissed the suit against Brand upon receiving his answer. The Court of Appeals affirmed the decree without prejudice.
- William Hening & William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia: with Select Cases, Relating Chiefly to Points of Practice, Decided by the Superior Court of Chancery for the Richmond District (Flatbush, N.Y.: I. Riley, 1809), 2:116.